HB 425 Modify Duty to Notify, now changed to no penalty
Posted: Sat Jun 06, 2020 4:19 am
On May 28 the House Federalism Committee adopted a sub bill that decriminalizes failing to notify completely.
The wording now says that if you are packing you must tell them either before or when the LEO asks.
IOW, if the officer asks, you must tell, otherwise, you don't have to.
Further, there is no penalty for violating that section of law.
Our bill last session, was a clean strike out of all language regarding notification and I took some heavy questioning the right to remain silent, even when asked.
My position was that it should ALWAYS be an option to remain silent without committing a crime.
This became a sticking point and our refusal to compromise led some legislators to find other groups that would approve weakening it.
The disbelief on certain senator's faces when I told them I'd rather see it killed than passed watered down, and please don't bring it up during lame duck, made me wonder if we weren't burning bridges we oughtn't.
Now this session, HB 425, was introduced as a repeat of the watered down version (less penalty $) and we refused to support it.
I had several conversations with the sponsor and he understood our position.
Then, after several committee hearings, we heard about this sub bill, got a copy of it, and submitted testimony in favor of it.
It took two more committee meetings before they adopted the sub bill, and one after that before they voted it out.
It just missed being debated on the House floor last Thursday, and should be first up when the House next meets, 6-9-2020 according to their website.
So that's what's happening.
Sorry for the lack of updates.
The wording now says that if you are packing you must tell them either before or when the LEO asks.
IOW, if the officer asks, you must tell, otherwise, you don't have to.
Further, there is no penalty for violating that section of law.
Our bill last session, was a clean strike out of all language regarding notification and I took some heavy questioning the right to remain silent, even when asked.
My position was that it should ALWAYS be an option to remain silent without committing a crime.
This became a sticking point and our refusal to compromise led some legislators to find other groups that would approve weakening it.
The disbelief on certain senator's faces when I told them I'd rather see it killed than passed watered down, and please don't bring it up during lame duck, made me wonder if we weren't burning bridges we oughtn't.
Now this session, HB 425, was introduced as a repeat of the watered down version (less penalty $) and we refused to support it.
I had several conversations with the sponsor and he understood our position.
Then, after several committee hearings, we heard about this sub bill, got a copy of it, and submitted testimony in favor of it.
It took two more committee meetings before they adopted the sub bill, and one after that before they voted it out.
It just missed being debated on the House floor last Thursday, and should be first up when the House next meets, 6-9-2020 according to their website.
So that's what's happening.
Sorry for the lack of updates.